[2005] KEHC 2898 (KLR)
The court found that the applicant had provided a reasonable explanation for the delay in filing his appeal, namely, the inability of his relatives to raise funds to hire a lawyer as initially promised. Since the application was unopposed by the state and the applicant had annexed a memorandum of appeal, the court...
Source-derived case information.
- Citation
- [2005] KEHC 2898 (KLR)
- Parties
- Applicant: Peter Thagichu Ndungu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 696 of 2004
- Procedural Posture
- Criminal Application / Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Legal Topics
- Leave to Appeal Out of Time, Conviction Appeal, Procedural Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Thagichu Ndungu
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time.
Ratio Decidendi
The court found that the applicant had provided a reasonable explanation for the delay in filing his appeal, namely, the inability of his relatives to raise funds to hire a lawyer as initially promised. Since the application was unopposed by the state and the applicant had annexed a memorandum of appeal, the court exercised its discretion to allow the application and deemed the memorandum of appeal as duly filed.
Court Disposition
application allowed
Orders
- The applicant's memorandum of appeal annexed to the application is deemed to have been filed.
- The memorandum of appeal to be served to the state.
Full Case Text
Judgment text and source record
7 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION CRIMINAL APPLICATION NO. 696 OF 2004 (In the matter of an intended appeal) Between PETER THAGICHU NDUNGU……………………………APPLICANT VERSUS REPUBLIC………………………………………………..RESPONDENT RULING
The applicant applies for leave to file his appeal out of time.
The application is supported by an affidavit sworn by him. He was convicted on 27th October, 2004. He submits that he delayed to file his appeal because his relatives had promised him that they could hire a lawyer to appeal for him but they were unable to raise the required fee to hire a lawyer.
The application is not opposed by the state.
Application is allowed. The appellant’s memorandum of appeal annexed to this application is deemed to have been filed and the same to be served to the state.
Dated and delivered this 10th day of February, 2005.
J..L.A. OSIEMOJUDGE